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Tobacco Industry: Global
Interference in Tobacco Control Policy
Professor Judith Mackay
MBChB (Edin), FRCP (Edin), FRCP (Lon)
Senior Advisor, Vital Strategies
Senior Policy Advisor, WHO
Director, Asian Consultancy on Tobacco Control
9th Cross Strait Conference on Tobacco Control
Taipei; 4-6 September 2017
1. Lack of awareness of the harm
2. Preoccupation with other (health) issues
3. Misperceived economic concerns
4. No understanding of environmental consequences
5. Focus on curative medicine, not prevention
6. Lack of funds for research and intervention
7. Lack of involvement by health professionals
8. Tobacco industry opposition: promotion, distortion of health and economic evidence, financial might, challenge/threats to governments; front groups
Obstacles to tobacco control are similar globally
1. SARS, HK
First, industry promotion
undermines tobacco control Tobacco advertising promises – • Health • Attractiveness, Popularity, Slimness • Macho • Emancipation • Adulthood • Being cool
– all designed to manipulate children into bondage, the opposite of the freedom they promise.
1.
Manoeuvering to hijack the
political and legislative
process
2.
Exaggerating the economic importance of the industry
3.
Manipulating public opinion
to gain the appearance of respectability
4.
Fabricating support
through front groups
5.
Discrediting proven science and economic
evidence
6.
Intimidating governments with litigation or the threat
of litigation, or trade threats
Global forms of Tobacco Industry
Interference
WHO, 2012
The tobacco industry “Scream test”
• If the industry screams, the measure will be effective:
– Tobacco tax
– Smoke-free areas
– Bans on promotion
– Large graphic pack warnings, and plain packaging.
• If they ignore a measure, probably useless: – School health education
– Ban on sales to minors
• Our research is done for us.
1.
Manoeuvering to hijack the
political and legislative
process
2.
Exaggerating the economic importance of the industry
3.
Manipulating public opinion
to gain the appearance of respectability
4.
Fabricating support
through front groups
5.
Discrediting proven science and economic
evidence
6.
Intimidating governments with litigation or the threat
of litigation, or trade threats
1. Hijack Political process
WHO, 2012
Philip Morris employs vast resources
against the FCTC on multiple levels
Reuters, 13 July 2017
1. Lobbies lawmakers, bureaucrats, other government officials.
2. Tries to move tobacco issues away from health departments.
3. Deploys third parties, including retail groups, to make its case and exert pressure on decision-makers.
4. Engages the media on tobacco issues to generate public debate to influence decision-makers.
Examples worldwide
EU: 80 TI lobbyists; health 5
Pan-Africa: “The Secret bribes
of Big Tobacco” BBC, 2015 USA
1.
Manoeuvering to hijack the
political and legislative
process
2.
Exaggerating the economic importance of the industry
3.
Manipulating public opinion
to gain the appearance of respectability
4.
Fabricating support
through front groups
5.
Discrediting proven science and economic
evidence
6.
Intimidating governments with litigation or the threat
of litigation, or trade threats
2. Mis-economics
WHO, 2012
Dispel Economic myths
Many governments echo these concerns, to the extent
these mistaken economic arguments are the major obstacle to tobacco control.
Tobacco industry says Health economists say
Tobacco control will lead to job and business losses for farmers,
factory workers, retailers, the hospitality industry and other
businesses, and governments
NOT TRUE
The creation of smoke-free areas will cause loss of income for
restaurant owners.
NOT TRUE
TAPS bans will severely affect the advertising industry NOT TRUE
Increasing tobacco taxes will harm the poor and increase illicit trade NOT TRUE
Economic benefits: Africa
But ask: Is Malawi wealthy?
Farming is not an economic
benefit to farmers
• Tobacco farming is NOT a lucrative cash crop
• Tobacco farming is labour-intensive with serious negative environmental, health
and social impacts, eg
- green tobacco sickness (GTS)
- exposure to agrochemicals
- respiratory diseases
- food insecurity due to displacement of food crops
- child labour
• Develop sustainable alternatives to tobacco farming
e.g. Yunnan China: 458 farming households’ annual income
increased 21-110% per acre in 4 years
Make known true costs of smoking
DIRECT HEALTH COSTS INDIRECT COSTS
Medical and healthcare costs,
including:
Secondhand smoke risks
Loss labour productivity
Time off for “smoke breaks”
Higher absence rates
Loss of skilled workers by premature death
Increased early retirement due to ill health
Fires caused by careless smoking
Damage to building fabric
Litter of billions of cigarettes, matches, packets, lighters
Environmental degradation
Human suffering
1.
Manoeuvering to hijack the
political and legislative
process
2.
Exaggerating the economic importance of the industry
3.
Manipulating public opinion
to gain the appearance of respectability
4.
Fabricating support
through front groups
5.
Discrediting proven science and economic
evidence
6.
Intimidating governments with litigation or the threat
of litigation, or trade threats
3. CSR
WHO, 2012
www.TobaccoAtlas.org
TI: Image management
Imperial Tobacco
“Recent attempts by large tobacco companies to
represent themselves as socially responsible have
been widely dismissed as image management.”
Gary Fooks et al., University of Bath, UK, 2011
www.TobaccoAtlas.org
China: Sponsor schools China National Tobacco Corporation has sponsored at least 69
elementary schools and thousands of students are exposed daily to
pro-tobacco propaganda, names and messages.
School signage reads
“Genius comes from hard work
Tobacco helps you be successful”
Liaise with universities, women’s groups,
Chambers of Commerce, 2016
Meet Victoria Chua, Public Affairs Manager at
Philip Morris Asia Limited/Italian Chamber of
Commerce
www.tobaccoatlas.org
FUND CHARITIES US charitable contributions from Altria, 47.2 US$ millions, 2013
• Education
• Arts and culture
• Civic
• Employee programmes
• Environment
• Humanitarian aid
• Military Service support
1.
Manoeuvering to hijack the
political and legislative
process
2.
Exaggerating the economic importance of the industry
3.
Manipulating public opinion
to gain the appearance of respectability
4.
Fabricating support
through front groups
5.
Discrediting proven science and economic
evidence
6.
Intimidating governments with litigation or the threat
of litigation, or trade threats
4. Front groups
WHO, 2012
Industry-linked front groups
1.
Manoeuvering to hijack the
political and legislative
process
2.
Exaggerating the economic importance of the industry
3.
Manipulating public opinion
to gain the appearance of respectability
4.
Fabricating support
through front groups
5.
Discrediting proven science and economic
evidence
6.
Intimidating governments with litigation or the threat
of litigation, or trade threats
5. Discredit science
WHO, 2012
Paid to lie…
“Nicotine is not addictive”
1.
Manoeuvering to hijack the
political and legislative
process
2.
Exaggerating the economic importance of the industry
3.
Manipulating public opinion
to gain the appearance of respectability
4.
Fabricating support
through front groups
5.
Discrediting proven science and economic
evidence
6.
Intimidating governments with litigation or the threat
of litigation, or trade threats
6. Litigation, trade threats
WHO, 2012
“Threats, bullying, lawsuits: tobacco
industry's dirty war for the African market”
‘With intimidating legal threats against governments, the alleged use of bribes and financial connections to politicians, and untruthful and alarmist warnings about economic losses, tobacco companies are using every tool at their disposal to try to stop the implementation and enforcement of proven, life-saving and cost-effective tobacco control policies.’ ……Vital Strategies
12 July 2017
Legal challenges
THE INDUSTRY SAYS:
“We will continue to use all necessary
resources… and where necessary
litigation, to actively challenge
unreasonable regulatory proposals.”
……Louis Camilleri, Chairperson and
CEO, Philip Morris International, 2010
Yet, industry challenges dismissed
…by High Courts, Constitutional Courts, and Courts of Justices e.g. Australia, UK, France, the European Union, South Africa, Thailand, Uruguay…
• So why? Delay and intimidation
Costs of trade challenges
• Typical cost to govts: US$3-8 million
• As high as over US$ 50 million
• Have regulatory chill effect, even if rarely successful
LEGAL CHALLENGES and TRADE
THREATS TO TOBACCO CONTROL
Article 5.3. In setting and implementing their public health policies with respect to tobacco control, Parties shall act to protect these policies from commercial and other vested interests of the tobacco industry in accordance with national law.
And Guidelines
WHO Firewall…
and monopolies
New: WHO FCTC TI Observatories, 2016-
• Global network focused on monitoring,
identifying, documenting and preventing tobacco industry interference with implementation of FCTC
• Specifically on assisting Parties in their implementation of Article 5.3 of the Convention.
• Funded by the Union.
• First established in: – Brazil
– Cape Town, South Africa
– Sri Lanka
Fighting the
industry…
vitalstrategies.org